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CS Executive · Economic, Commercial and Intellectual Property Laws · Competition Law

Zenith Polymers Ltd. received a copy of a Competition Commission order on 10 March. It wishes to appeal and files the appeal 75 days later, citing that its key officials were hospitalised during the period. What is the correct position?

The Appellate Tribunal may entertain the appeal. The normal limit is sixty days from receipt of the Commission's order, but the proviso allows a late appeal if the Tribunal is satisfied there was sufficient cause for the delay. Admission is not automatic and depends on its satisfaction.

  1. AThe appeal is barred because the 60-day period cannot be extended
  2. BThe Appellate Tribunal may entertain it if satisfied there was sufficient cause for the delayCorrect
  3. CThe appeal must be filed afresh before the Commission itself
  4. DThe appeal is automatically admitted because the delay is under 90 days

Explanation

An appeal must be filed within sixty days of receipt of the copy of the order. The proviso lets the Appellate Tribunal entertain a late appeal if it is satisfied that sufficient cause existed. Option A ignores the proviso.

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